During a drug trial or any other criminal case, the defendant has several rights that must be enforced. Whether the case involves a drug crime or some other offense, these rights allow them to receive a fair trial. Criminal cases can be complex so work with a Bergen County, New Jersey drug crime lawyer and read on to learn about the rights afforded to criminal defendants.
1. Presumption of Innocence
Arguably the most important right a defendant in a drug or criminal trial has is the presumption of innocence. Under this law, all criminal defendants are considered innocent until proven guilty. This means that the prosecution has to provide enough evidence to convince a jury beyond a reasonable doubt that the defendant committed the crime. If they fail to do so they will be declared not guilty.
2. The Right to an Attorney
The Sixth Amendment of the Constitution provides criminal defendants with the right to adequate legal counsel. This means they must be provided with an attorney who is trained and authorized to practice law. If the defendant cannot afford a lawyer they can be appointed one. It is important that the defendant has the opportunity to be represented by a professional attorney who can argue on their behalf.
3. The Right to a Public Trial
The right to a public trial is important for defendants. Allowing the general public and family and friends to be present ensures that the judge and all authorities involved follow the law and abide by the defendant’s rights. It is important to note that in some cases the trial will not be open to the public, like for example if a child is involved. However, there will still be witnesses allowed.
4. The Right to a Speedy Trial
Under the Sixth Amendment, a criminal defendant has the right to a speedy trial. The case must be brought to trial in a reasonable time frame from the date of the arrest. While the Constitution does not state a specific time limit, they cannot be forced to wait an unreasonable amount of time. This is an especially important right when the defendant is being held without bail and cannot be released until the trial.
5. The Right to a Jury of Your Peers
A jury is a group of 12 people who will hear both sides of a case and determine whether or not the defendant is guilty. By law, the jurors must be impartial and unbiased peers, meaning they cannot have significant prejudices about the topic at hand or either party. This ensures that the outcome will be fair and based on only the facts presented, not biases.
6. Protection Against Double Jeopardy
Defendants in a drug case have the right to not be placed in double jeopardy. This is a protection under the Fifth Amendment and means that defendants cannot be tried for the same offense more than once.
Contact a Criminal Defense Lawyer
Reach out to a skilled attorney for more information and to discuss the details of your case. They will help you understand your rights and options as well as help you develop a strong defensive strategy.
